Going through a family law conflict is always challenging. Whether it is a divorce, custody battle, child support case, or any other type of matter, it is normal to feel stressed out, or even overwhelmed by the process. Most people want to try to find an amicable solution. For this reason, mediation in family law can be especially effective. However, it is not always the right avenue to resolve every type of family law dispute. Here, our Greenville family lawyer provides a comprehensive overview of the pros and cons of mediation.
What is Family Law Mediation?
The District Court for the District of South Carolina explains that mediation is an “informal and confidential process in which a neutral third party (mediator) facilitates settlement discussions between parties.” The goal of family mediation is to help the parties reach a mutually acceptable agreement. It is a form of alternative dispute resolution (ADR) that allows for customized solutions that can be specifically tailored to the needs of the parties.
An Overview of the Pros and Cons of Mediation
Pros
1. Family Mediation Can Save Time
Compared to litigation, family mediation can save a considerable amount of time. Indeed, when it works, the family mediation process typically requires less time than more traditional court proceedings. The process avoids the lengthy schedules of court hearings and trials. In some cases, the parties can resolve their issues in a few weeks or a few months. A trial for any type of family law issue in South Carolina typically takes more than a year.
2. Family Mediation Can Save Money
Another major benefit of family law mediation is that it can save a lot of money when compared to litigation. By reducing the need for prolonged litigation, family mediation could potentially dramatically lower the total legal costs. Mediators may be able to help you reach a settlement in a divorce case, custody case, or other family law matter without the expenses associated with court filings, trials, and prolonged legal representation.
3. Family Mediation Can Preserve Relationships
Even if you’re not on good terms with your soon-to-be former spouse or co-parent, there can still be a strong value to preserving relationships. Family litigation can make existing disputes even more serious. In contrast, mediation can help to preserve positive working relationships. It is especially valuable for parents. Meditation focuses on collaboration and understanding. It is an approach that can be particularly beneficial when ongoing interactions are necessary, such as in co-parenting. Mediation promotes mutual respect and cooperative problem-solving.
Cons
1. Family Mediation Requires a Willingness to Cooperate
Many family law disputes are strong candidates for mediation. Even if there is a deep conflict, mediation may still be an effective option. With that being said, family mediation requires a willingness to cooperate from both parties. If that collaborative mindset is not there on both sides, then mediation will not work. The mediation process can stall or fail to resolve the issues at hand. If the conflict between the parties is too serious—such as if there has been a history of domestic violence—then family mediation may simply not be a viable option. A con to the process is that it is generally not effective when there is no mutual willingness to work together in good faith to find a solution.
2. Family Mediation is Voluntary (Can Be Pro)
While the voluntary nature of family mediation allows parties to enter the process willingly, it also means that any party can withdraw at any time without reaching a resolution. It is an aspect of family mediation that can undermine the effectiveness of the process—especially if parties are not equally committed to resolving their disputes or if they use the sessions as a tactic without a genuine intent to negotiate. The lack of mandatory participation and the ability to withdraw from the process at any time means that there is no guarantee of any actual result from using mediation.
3. Family Mediation Does Not Always Work
Despite its many benefits, family mediation does not guarantee a resolution. It does not always work. Entering mediation for a family law dispute is a major investment. Complex emotional dynamics, deep-seated resentments, or imbalanced power dynamics between parties can undermine the process. When mediation fails, parties may end up resorting to traditional litigation.
In some cases, the potential to incur more time and costs is there.
Angela Elliott Frazier is an Experienced Family Mediator
Mediation for families can be an effective way to resolve complex disputes. Our founding attorney Angela Elliott Frazier is an experienced family law mediator. She is prepared to help you with all aspects of the family mediation process. That starts with evaluating the pros and cons of mediation to determine if it is the best option for your situation. From there, Attorney Frazier will help you prepare for the mediation process.
Contact Our Greenville, SC Family Mediation Attorney Today
At Elliott Frazier — Family, Personal Injury, & Car Accident Attorneys, LLC, our Greenville family mediation lawyer is standing by, ready to provide the guidance and support that you can rely on.
Have questions about the pros and cons of using the mediation process, we can help. Call us now or connect with us online for a completely confidential, no-commitment case review. From our Greenville legal office, we provide family mediation representation throughout South Carolina.